The lawsuit which was filed in Orange County Superior Court in April 2009, alleges fraud, deceit, wrongful foreclosure, breach of written contracts and other complaints.

According to the suit, Jim, his lawyer Michael York, and California Empire Funding Corporation wrongfully foreclosed on a Laguna Beach property called the InVogue Hotel. The couple behind the suit, Shashi Tejpaul and Gail Duncan, are saying that despite making payments on the property and getting a written and verbal agreement from Jim and his lawyer, they still elected to foreclose on the property.

Jim, 48, and his lawyer York, who also happens to be his brother-in-law, however deny the allegations stating Tejpaul and Duncan made misrepresentations to obtain the loan, used the money for other purposes and stopped making payments on their loan.

Jim and his company have also filed a counter suit against Tejpaul and Duncan alleging fraud amongst other things.

The fraud suit against Jim is set to go to trial Jan. 10, which happens to be the same date the bank is planning to hold an auction on Alexis and Jim’s home which is still in foreclosure. The auction date was postponed to Jan. 10 after Jim filed bankruptcy protection for his company Global Marine Inc., which just happens to hold the title to the Bellino home.

The Bellinos’ attorney also tells RadarOnline that Jim and Alexis are not going down without a fight as they are now considering suing Chase Bank. “Right now we’re considering legal action against Chase, regarding the fact that they changed the terms of their loan modification agreement,” said York.